Back / lumbar spine decisions — 2020

The Veteran is granted a TDIU prior to April 4, 2018 due to service-connected disabilities that rendered him unable to secure or follow substantially gainful employment.

Effective November 30, 2015, a 40 percent rating for the Veteran's lumbar spine disability is granted.,From March 11, 2014 to November 30, 2015, a 20 percent rating for the same condition is granted. Effective March 11, 2014, the Veteran was also granted TDIU status.

The Veteran withdrew her appeals for a compensable rating for GERD and an increased rating for lumbar degenerative disc and joint disease T-5 compression fracture, effectively dismissing these claims.

The Veteran's service-connected degenerative arthritis of the lumbar spine with lumbosacral strain is currently rated at 20 percent, effective July 27, 2011. The Board finds that a higher rating is not warranted as his disability does not meet the criteria for a rating in excess of 20 percent.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board dismissed the appeal on the evaluation of the right and left sciatic nerve, as well as a rating for lumbar spine disability due to the appellant's withdrawal.

The Veteran's claim for an increased rating for osteoarthritis of the lumbar spine is denied. The Board finds that his disability has not worsened beyond a certain point.,The Veteran’s claim for service connection for obstructive sleep apnea (claimed as unspecified problem sleeping) is remanded due to incomplete development.

The Veteran's service connection claim for PTSD is granted. The case is remanded for a new VA examination to assess the current severity of his lumbar strain with osteoarthritis, and for consideration of TDIU.

The Board has found that more development is needed for the claims of service connection for a lumbar spine disability, right-hand disability, and sleep apnea. The Veteran's claims are REMANDED to obtain additional medical opinions regarding these conditions.

The Board has remanded the cases for further development and examination, including obtaining private medical records and scheduling VA examinations to assess the Veteran's hearing loss, psychiatric disorders, and hiatal hernia.

The Board has remanded the claims for further development due to insufficient medical opinions and incomplete records. The Veteran's service connection claims are pending.

The Veteran's claim for service connection for right arm radiculopathy due to degenerative arthritis of the cervical spine was granted with an effective date of July 22, 2014. The rating for his degenerative arthritis right hip and small labral cysts remains at 10 percent. His initial increased rating for degenerative arthritis of the cervical spine with degenerative disc disease is also granted.

The Veteran's lumbosacral spine disability, OSA, generalized anxiety disorder, and TBI residuals are all granted with the appropriate ratings. The effective date for the higher rating of OSA is set at August 9, 2012.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's scoliosis and degenerative arthritis were not incurred in or aggravated by his military service. The claim was also denied for an effective date prior to November 10, 2008 for total disability rating based on individual unemployability.

The Veteran's cervical spine disorder is not found to be secondary to his service-connected lumbar spine and/or knee disabilities. The Board also denied the claim for TDIU prior to July 31, 2010.

The Veteran's claims of service connection for right and left knee conditions, as well as his right and left shoulder conditions, have been granted. Service connection has also been established for the lumbar spine condition.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment as of February 29, 2020. The Board finds that the evidence is at least in equipoise as to whether his service-connected disabilities alone are of sufficient severity to produce unemployability.

The Board has decided to remand the case due to inadequate opinions regarding both causation and aggravation of lumbar spine DDD by service-connected pilonidal cyst surgery. The Veteran's claim will be reviewed again with new opinions addressing these issues.

The Board has decided to remand the claims for a bilateral foot disability and low back disability due to incomplete development of records, including VA treatment records from Lake Baldwin VAMC. The low back claim is deferred pending further development.

The Veteran's right knee disability is currently rated at 10 percent, and her lumbar spine disability is currently rated at 20 percent. Both conditions are remanded for further development.